Introduction
For Indian citizens living abroad, managing or purchasing property in India can present unique challenges. Navigating the legal and administrative processes from a distance requires careful planning and trusted assistance. This guide outlines the 14 essential steps you need to take to ensure a smooth and successful property transaction, whether you are buying, selling, or managing real estate in India.
- Granting Power of Attorney
If you are an Indian citizen living abroad and wish to purchase or manage property in
India, you must grant power of attorney to a trustworthy person who can act on your
behalf. - Executing the Power of Attorney in India
Ideally, you should execute the power of attorney at a local sub-registrar’s office in
India while you are on vacation. This minimizes additional costs and simplifies the
process. - Reducing Costs and Complications
Granting power of attorney while in India helps avoid the extra expenses and
complications of notarizing documents, getting appointments with notary advocates,
and visiting the consulate for verification in the foreign country. - Granting Power of Attorney Abroad
If you cannot execute the power of attorney in India, it can be done from abroad. The
document must be signed in the presence of an Indian consulate officer or a notary
public. - Specific Requirements for Commonwealth Countries
For Commonwealth countries, a notary public can attest the document. In other
countries, the power of attorney must be signed before an Indian High Commission or
Consulate officer. - Document Preparation
Indian stamp papers are not available abroad. Hence, prepare the document clearly on
white paper, typing out all necessary details. - Avoiding Indian Stamp Paper Abroad
Do not attempt to use Indian stamp paper abroad, even if you have it. Using Indian
stamp paper from a foreign country is not permissible. - Sending Documents to India
After signing, send the document by postal mail to your relative in India. Do not rely
on scanned copies or email for this purpose. - Adjudication Process
Within three months of receiving the document, your relative must submit it to the
sub-registrar’s office in the district where the property is located for adjudication. - What is Adjudication?
Adjudication is the process of verifying and validating the document for use in India. - Verification by District Registrar
The district registrar will scrutinize the document, collect necessary fees, affix the
photo of the person receiving power, certify the document, and assign an adjudication
number. - Limitations on Power of Attorney
When granting power of attorney, do not authorize the sale of the property or allow
the attorney to take a loan against the property from a private individual. - Authority for Home Loans
You can grant authority to sign documents necessary for obtaining a home loan in
your name. - Ensuring Clarity and Security
If the power of attorney document is clear and securely executed, there will be no
need for frequent visits to India. This allows your transactions to proceed smoothly
both abroad and in India.
Conclusion
Granting power of attorney is a crucial step for Indians living abroad who wish to manage or purchase property in India. By following these detailed steps, you can ensure that your property transactions are handled efficiently and securely, minimizing the need for frequent travel and allowing your affairs to proceed smoothly in both countries. With careful planning and the right legal measures, you can navigate the complexities of real estate transactions and protect your investments effectively.
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